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Lyme Zoning Board of Adjustment
Minutes: June 16, 2005
Board members: Present - George Hartmann, Chair; Alan Greatorex, Vice Chair; Jim Poage
Absent -Walter Swift, Ross McIntyre
Alternate members: Present - Marcia Armstrong, Jackie Glass
Absent - Margot Maddock
Staff: Adair Mulligan, recorder
Public: Chris Clapp, Dick Clapp, Ken Woods, Amy Record, Allen and Jackie Malcolm, Carl Longshore, Helen Dennis, Don and Donna Fisk, Bob and Sally Barnum, Maryanne and Hoyt Alverson, Phil Kinsler, Margaret Johnson, Karen and Paige Townsend
Chairman Hartmann asked Jackie Glass and Marcia Armstrong to sit as regular members.
Minutes were approved on a motion by Jim, seconded by Marcia.
Christopher and Ashley Clapp, Applicants, Permit Application 2005-058, M409/L79
Project: to build a residence at 62 Baker Hill Road and a driveway over a right of way to the lot.
The Clapps propose to build on a lot owned by Peter and Betsy Hoover within the Rural District. This requires a special exception under 8.31 of the zoning ordinance to build on a vacant legally non-conforming lot, 4.64 to build within the Agricultural Soils Conservation District, and 4.51 to build an access way to the lot within the Wetlands Conservation District. This lot was approved by the Planning Board in 1977. It has no road frontage, but a 60-foot right of way was designated on the plan from Baker Hill Road. There was no provision for “lot size averaging” or “cluster subdivisions” at that time since zoning had not been adopted yet. The town maps show substantial hydric soils along the proposed right of way as well as on a neighboring property with the buffer extending onto the lot in
question. The Conservation Commission has made a site visit. If the Clapps decide to purchase the property, they will hire Pathways Consulting to delineate the wetlands for the NH DES Wetlands Bureau permitting for the driveway.
Chris Clapp explained that the lot is 37 acres and that the right of way goes through two parcels of land, owned by Bill and Allen Malcolm. The first part has already been built as a driveway to Allen and Jackie Malcolm’s home. The new drive would run 400' north and 700' west to the building lot. The southwest side of the lot is ag soils. Pathways has visited the site twice with the applicant and all agreed that there are wetlands in the right of way. Chris has spoken to Sandy Crystall at DES and realizes there is a problem that must be dealt with. He said that if the house was moved off the ag soils area, the driveway would have to be 700-800 feet longer, and would be more costly. The drive would also have to be on ag soils to get to the house site. Therefore he
proposes building at the edge of the lot nearest the right of way. The Conservation Commission observed wetlands on the ROW and recommended exploring alternate access routes. This he has done, and he described various routes from Dorchester Road (very steep), from Hausers’ lot (2000-3000' drive, also very steep), through Bill Malcolm’s land via driveway to Argentati property (Malcolm would not give permission), or between lots 77 and 78 (Allan Malcolm would not give permission because of fragile land). Chris said he did not have any other alternative access routes, and that the lot is an approved residential lot.
Helen Dennis asked how power would be brought in, noting that the utility pole on her lot #80 feeds the Allen Malcolm home. Chris said he spoke with PSNH and would want to do underground service from Baker Hill Road. There is an easement to the utility pole. Jackie Malcolm said that when she got her ROW, the utilities had to be buried. Helen presented several memos dealing with the utility service question. Chris passed out a memo on the special exception request. There was discussion over what company served the immediate area, and Jackie said she paid bills to the NH Electric Coop. Chris had spoken to Russell Miles at PSNH who said it had been taken over by PSNH.
It was noted that a letter had been received from David Robie expressing concern that the applicant’s proposed house would be in the Ridgeline and Hillside Conservation District, but it was not discussed as other issues were deemed more pressing. Jim Poage noted that a condition of building on ag soils is to put the rest of the lot in a conservation easement. Chris said this was acceptable. He has a deed describing the ROW as 60' wide, although the tax map shows 50'. George Hartmann said that the wetlands issue is the most critical, and noted that a construction plan had not been supplied. He said that before the board could proceed it would need to know what the conditions are and what would be done to mitigate for them.
Alan showed the map supplied by Vickie Davis, which shows wetlands through the ROW, and asked if the board would approve such a crossing of wetlands. George read aloud the Conservation Commission Assessment and agreed that a permit from DES probably would be required. Chris noted that the Malcolms’ house is also on hydric soils. Jim asked how many lots are served by the ROW. Chris said it serves Allen and Jackie Malcolm’s house and this lot. . Time constraints prompted a discussion on tabling the case. Allan suggested that the applicant come back to the board with a plan on how he would deal with the wetland issue. George suggested that the applicant may wish to enlist Pathway’s help now rather than later, in order to get the approvals he is seeking. The board voted unanimously to table discussion on the application until the next meeting on a motion by Jim, seconded by Alan.
Kenneth and Carrie Woods, Applicants, Permit Application 2005-053, M401/L58
Project: to build a residence with attached garage at 5 Wilmott Way.
The Woodses propose to build a house with attached garage at the property of Donald Fisk in the Rural District. This requires a variance from section 5.1 of the zoning ordinance to exceed the maximum building footprint on a legally non-conforming lot with an existing structure. It also requires a special exception to build within the Agricultural Soils Conservation District under section 4.64. This lot was approved by the Planning Board in 1987. It had a barn on the lot at that time. Again, there was no provision for “lot size averaging” or “cluster subdivisions” at that time since zoning had not been adopted yet. In this case it is not a non-conforming vacant lot under section 8.31 because of the barn, so a variance is being sought. A condition of Planning Board approval is that the
driveway must come off Wilmott Way rather than River Road.
Ken Woods explained that the lot is an open field, and that he wants to build an average sized house that fits in with the others nearby. The other lots in the area are also below the current standard. He said that an 80' driveway off Wilmott Way has been approved, to the garage site. The whole lot is agricultural soil, so a special exception is needed. Don Fisk, the seller, said he supports the project. George noted that the lot sizing numbers work out as large negative numbers, because the lot is small and the proposed house relatively large for the lot. He said he had looked up the sizes of other lots and houses in the neighborhood, and read off those numbers. He concluded that the proposal is in the same ballpark as others in the area. Don Fisk said that there never
were 3 sheds on the property as shown on the tax map.
Deliberations: George said that the main issue is how the project fits in with the rest of the neighborhood, and presented several examples of footprints on similar lot sizes nearby, from data acquired with Vickie’s help that afternoon. Marcia said that the building would all be well within setbacks. Jackie Glass said that it is wise to use Wilmott Way. Jim Poage moved to grant a variance to add to the existing building on the lot, bringing the total square footage to 1968sf as proposed. Findings of fact include that 976sf exist. The lot size is 1.7 acres, but after reductions for agricultural soils, is 1.0 acres. The maximum allowable footprint for that size lot is 854sf. The proposal exceeds what is permitted for a special exception, so a variance is required, with a special exception to build on
agricultural soils. Because this lot is under 3 acres, the requirement for an easement on 75% of the agricultural soils can be waived. The subdivision was created in 1987, before zoning. The lots in the area are all well under what is currently allowed in the Rural District. The building footprint of 1968sf is consistent with the subdivision as drawn up in 1987. There was no testimony by abutters. The state septic approval has not yet been received. A driveway permit has been granted for off Wilmott Way. Conditions of 10.50 have been met, as have conditions of 10.60. Because this is not a variance based on use, elements of 10.60 do not need to be enumerated. Conditions include use of best construction practices. Alan seconded the motion and it passed unanimously. The applicant was advised that a septic permit will be needed before the building permit can be issued.
Robert and Sally Barnum, Applicants, Permit Application 2005-056, M402/L99 & 100
Project: to add on to their house at 155 River Road.
Bob and Sally Barnum propose to add on to their house in the Rural District. They are requesting a variance to exceed the maximum building footprint and build within the Shoreland and Flood Prone Area Conservation District from sections 5.1, 4.63, and 4.65 of the zoning ordinance. They are planning to merge their two lots (99 and 100) and annex half of an abutter’s lot (Map 402, Lot 98) and request to add the footprint allowance from the abutter’s structures (to be removed) to their own house.
Bob said that he accompanied the Conservation Commission on a site visit, and passed out a sketch of the lots and a concept for a house. Lot 98 is for sale, and the ZBA formerly denied another building proposal on the lot, but indicated that it might possibly allow construction of a 1250 sf house on the lot. He said he had met afterwards with the Alversons, and agreed that they would like to purchase Lot 98 and split it. The Barnums’ interest is in possibly increasing the footprint of their building on Lot 100, since they would like to move to this house permanently. Bob said he does not yet have a survey or architectural plans. He proposes a boundary line adjustment to create a 2.3 acre lot. He expects the enlarged cottage would be 2500 sf, and wants to build a
storage barn of 525 sf, for a total of 3025 sf. The exterior wall and overhang amount to 450sf. He could take two existing sheds down to reduce the current square footage.
Bob said that he thinks the house is just barely within the 100 year floodplain, which would prevent construction of a full basement. He feels he could raise the house easily since there is a slope on the land.
Karen Townsend, the granddaughter of the earlier owners, said she owns the lot with her two sisters, who want to sell it. She supports the project, and said she has never seen a flood there. The Kinslers, neighbors of the Barnums, said they believe the proposal makes much ecological sense, since it would result in one less septic system, road cut, and dock than if lot 98 were to be developed separately. Margaret Johnson agreed and said the Barnums’ plan would give both properties more privacy. Amy Record said that combining lots to reduce the number of potential houses is a good idea for both the town and the river. Maryanne Alverson said it would be preferable to have the Barnums in the neighborhood year-round, and that she wants to purchase the other half of lot
98 to help them to clean up and restore the property. She has no plans to expand her own residence and prefers that the lot remain in a natural state. Hoyt Alverson said that anyone willing to buy lot 98 would need to build on it, and given the fragility of the lot, it would result in an assault on the land with a high profile house. He thinks that the current proposal would provide an asset to the public.
Sally Barnum extended an invitation to the board to visit her property. Jackie Glass asked whether her house has an approved septic system. Bob said that it is two years old and was designed for a 2-3 bedroom house. CLD laid it out and designed it. The house would have a low second floor with dormers. There is no driveway now, just a parking area. A drive is needed, and would be unpaved. The Shoreland Conservation District includes almost the entire property.
Deliberations: Jim said that the proposal is a dangerous one, and would set a precedent because it is based on transferring footprint from one lot to another. However, a proposal to build on a simple 2.3 acre lot could be done with a variance. Marcia agreed and reminded that the Planning Board has to do a lot line adjustment first. George said that the PB has agreed informally to do this, and agreed with Jim that transferring footprint would be entering uncharted waters that would best be avoided. Alan asked what square footage could be built on the individual lots. The answer was not known.
Out of Deliberations: George asked how the floodplain issue could be addressed, and asked for the delineation of the 100 year floodplain. Bob said he could ask Charlie Hirshberg to survey this line, since he has already surveyed Lot 98. Alan said that the Shoreland Conservation District also needs to be delineated. The board voted unanimously, on a motion by Marcia seconded by Jim, to table the discussion until the next meeting or when more information on the floodplain location could be provided. Adair Mulligan noted that while the town can permit building within the town’s 200' Shoreland Conservation District, it cannot issue a variance to the state’s Shoreland Protection District, which includes a 50' building setback and retention of a 150' natural shoreland buffer.
Meeting adjourned 9:25 pm.
Respectfully submitted,
Adair Mulligan, Recorder
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